News & Analysis as of

Anti-Discrimination Policies Reverse Discrimination Affirmative Action

Littler

Department of Justice Offers Further Guidance Regarding Unlawful Discrimination and DEI

Littler on

On July 30, 2025, the Department of Justice released a memo from Attorney General Pam Bondi to all federal agencies providing guidance for recipients of federal funding regarding unlawful discrimination....more

Seyfarth Shaw LLP

DOJ Doubles Down on DEI and Antidiscrimination Obligations for Recipients of Federal Funds

Seyfarth Shaw LLP on

The U.S. Department of Justice recently issued a memorandum providing additional clarity and guidance on DEI-related programs and policies. The memo emphasizes that federally funded entities may not make decisions—such as...more

Arnall Golden Gregory LLP

Supreme Court Eliminates Heightened Standard for “Reverse Discrimination” Claims

On June 5, 2025, the Supreme Court of the United States unanimously ruled in Ames v. Ohio Department of Youth Services that plaintiffs alleging employment discrimination under Title VII of the Civil Rights Act of 1964 are not...more

Poyner Spruill LLP

Supreme Court Rejects Requirement that Majority-Plaintiffs Must Satisfy Heightened Evidentiary Standard to Prevail Under Title VII

Poyner Spruill LLP on

On June 5, 2025, the Supreme Court issued its much-anticipated ruling in Ames v. Ohio Department of Youth Services, concluding that courts cannot require members of a majority group to satisfy a heightened evidentiary...more

McDermott Will & Schulte

SCOTUS Clarifies Standard for Evaluating “Reverse” Discrimination

On June 5, 2025, the Supreme Court of the United States resolved the split among federal circuits and held that the same standard used to evaluate claims under Title VII of the Civil Rights Act of 1964 applies to all...more

Lowenstein Sandler LLP

The Future of the False Claims Act

Lowenstein Sandler LLP on

On May 19, 2025, Deputy Attorney General Todd Blanche issued a memorandum titled Civil Rights Fraud Initiative announcing the Department of Justice’s (DOJ) plan to use the False Claims Act (FCA) to “aggressively” pursue...more

Constangy, Brooks, Smith & Prophete, LLP

What to do about DEI? Former EEOC officials weigh in

On March 19, Andrea Lucas (Republican appointee), Acting Chair of the U.S. Equal Employment Opportunity Commission, released a document titled, “What You Should Know About DEI-Related Discrimination at Work,” offering...more

Constangy, Brooks, Smith & Prophete, LLP

Trump’s DEI executive orders are no longer blocked from taking effect

Certification requirements for contractors are back in play. As we previously reported, a federal judge issued a nationwide preliminary injunction prohibiting the federal government from enforcing certain portions of...more

Fox Rothschild LLP

Trump Transforms Equal Employment Opportunity Commission

Fox Rothschild LLP on

In the first days of his presidency, President Donald J. Trump made significant changes to the makeup and priorities of the Equal Employment Opportunity Commission (EEOC). On the second day of his administration, President...more

Cozen O'Connor

Costco Urged by Republican AGs to Repeal DEI Policies

Cozen O'Connor on

A group of 19 Republican AGs announced that they have sent a letter to Costco Wholesale Corporation, warning that its diversity, equity, and inclusion (DEI) policies may violate state and federal civil rights laws prohibiting...more

Cozen O'Connor

Democratic AGs Pen Letter Opposing Walmart’s Decision to End Diversity Initiatives

Cozen O'Connor on

A group of 13 Democratic AGs wrote a letter to Walmart’s President and CEO expressing concern about Walmart’s announcement that it will end certain aspects of its diversity, equity, and inclusion (DEI) initiatives....more

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